Latest 2 Cases: Kubala v. Smith (Civil Rights), Singh v. Rosen (Immigration Law)

One More for the Road: Why Congress Must Impeach Donald Trump (Again)

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, makes the case for impeaching Donald Trump again, after the failed insurrection of January 6. Falvy describes three possible ways to disempower Trump from undermining democracy in our nation and explains why immediate impeachment by the House and removal by the Senate is the most appropriate course of action.

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Kubala v. Smith

Docket: 20-3085

Opinion Date: January 7, 2021

Judge: Danny Julian Boggs

Areas of Law: Civil Rights, Constitutional Law, Labor & Employment Law

Kubala worked for Trumbull County as a “fiduciary” employee; he was not under civil-service rules and could participate in partisan political activities. Kubala reported to Smith, who holds an elected position. Kubala claims that Smith sexually harassed him and created a hostile work environment related to Kubala’s supposed homosexuality. Kubala told Laukart, the office manager, about Smith’s comments. Laukart replied that Smith could not be controlled. Kubala claims that Kubala running for political office against Smith’s wife and his attendance at certain political functions triggered an adverse employment action. Smith allegedly told Kubala not to attend certain political functions. Kubala testified that Smith’s attorney asked Kubala if he wanted to change his job status to “classified” because he would be “protected.” Kubala interpreted it as a threat of retaliation because the change would end his involvement in local politics. Kubala’s resignation letter stated he was resigning because the work environment was harming his physical and mental health. Kubala was under the care of a physician and a therapist to cope with the harassment and high blood pressure, which Kubala attributed to his harassment. The Sixth Circuit affirmed the dismissal of Kubala’s 42 U.S.C. 1983 claims. Kubala failed to show that Smith violated his First Amendment rights because the alleged threat is too ambiguous. The district court lacked supplemental jurisdiction over Kubala’s state sexual-harassment claim, which shares no common nucleus of operative fact with his constitutional claim.

Singh v. Rosen

Docket: 20-3127

Opinion Date: January 7, 2021

Judge: Murphy

Areas of Law: Immigration Law

Singh, a citizen of India, came to the U.S. in 1991, then 22 years old. He obtained a temporary transit visa for work on a ship, Singh drove cabs instead. He has taken periodic trips back to India. In 1997 and 2005 he entered into "sham" marriages. Charged as removable for remaining in the country illegally, 8 U.S.C. 1227(a)(1)(B), Singh sought cancellation of removal, 8 U.S.C. 1229b(b)(1), arguing that his removal would harm his children (U.S. citizens), born in 2011 and 2013, and mother, a legal permanent resident, who owns a convenience store and has a good relationship with his U.S.-citizen brothers, The IJ denied Singh’s application finding that Singh failed to prove that he had continuously been present in the U.S. for a 10-year period immediately prior to the date that he was served with his “notice to appear” and failed to prove “exceptional and extremely unusual hardship." The BIA affirmed. The Sixth Circuit denied relief. Reviewing the hardship claim as a mixed question of law and fact, the court noted that Singh did not dispute that his mother’s and children’s health conditions were insufficiently serious to create that hardship; BIA precedent holds that diminished educational options alone do not establish the required hardship. Singh did not show that his children would be deprived of all opportunity to obtain any education. Singh failed to exhaust his remedies with respect to a claim of unconstitutional bias by the IJ.